Law Device 03 Aqa

 Law Unit 03 Aqa Essay

Law: Accidents against the Person

Assault: s39 Criminal Proper rights Act 1988

Person apprehends an immediate unlawful attack

Intention or very subjective recklessness to cause another to apprehend an immediate illegal attack 2. Smith 1983: " immediate” means time in the very near future * Ireland (1997): silent messages or calls

* Constanza (1997): words and phrases alone

Battery: s39 Criminal Justice Take action 1988

Application of unlawful power to another

Goal or recklessness to apply against the law force to another * Wood (2008): slightest touch

* Thomas (1985): touching a persons' garments while donned * Fagan (1968): continuous act

Assault occasioning Genuine Bodily Injury (ABH): s47 Offences up against the Person Take action 1861 Assault OR electric battery AND causing actual actual harm

Strike or power supply

2. Miller (1954): any harm or injury calculating to interfere with the health or comfort of the victim * Roberts (1971): recklessness as to whether the victim dreaded unlawful force * Jones (2006): touching or reducing another persons' hair Destructive Wounding or perhaps Inflicting Grievous Bodily Damage (GBH): s20 Offences against the Person Work 1861 Pains or inflicts GBH about another with or with no weapon

Intension or recklessness to cause " a few bodily harm”

* Cunningham (1971): rashness, irresponsibility as to whether any harm should certainly occur or not * Eisenhower: all layers of skin has to be broke

2. Burstow (1997): serious psychiatric injury

Wounding or perhaps Causing Grievous Bodily Harm with Intention: s18 Offences against the Person Act 1861 Wounds or inflicts GBH on another with or perhaps without a weapon

Specific intention of cause GBH

5. Woollin (1998): harm, virtual certainty

* Morrissons (1989): amount of intention is lower when the accused is trying to resist/prevent an arrest/detention

Direct Purpose: do a great act and want the result from your actions. The consequences may be the defendants target or purpose - Mohan (1976) Oblique Intention: the defendant indented the action but not the results - Woollin (1998) Transported Malice: mens rea from the crime fond of a person is used in the unintentional victim -Mitchell (1983) Chance Rule: equally actus Reus and guys rea need to coincide over time and regulation – must happen simultaneously and be portion of the same legislation - Fagan (1969) - Thabo Meli (1954) Subjective Recklessness: the level of mens rea is lower compared to the intention – the defendant knows the chance of the work nevertheless carries on - Cunningham (1957) Omission: the inability to act where there is a duty of work. E. g. legal contracts, duty human relationships, Act of Parliament, defendants own conduct and non-reflex act - Pittwood (1902) - Dytham (1979) Causing: the link between defendants' unlawful act as well as the end result Factual causation: " but for” test -- White (1910)

Legal causation: " working and substantive cause” test to find the link between the defendants act as well as the criminal consequences - Cruz (1959)

Tough and Voluntary Manslaughter

Murder: Lord Cola 17th 100 years

The outlawed killing of your reasonable monster in getting and underneath the Queen's peacefulness with malice aforethought The unlawful eradicating of a fair creature in being within the Queen's serenity Malice aforethought – implied or stated

Implied: direct intention to kill or cause GBH Vickers (1951) Expressed: oblique intent - Woollin (1998): two queries asked to help the Jury apply the law * How probable was your consequences which will resulted in the defendants non-reflex act? (It is necessary intended for the loss of life or significant injury to become a virtual selected consequence) * Did the defendant foresee the consequences?

(The defendant must have realised the consequences)

5. Matthews and Allyene (2003): entitled to get intention NONETHELESS THEY DO NOT HAVE TO DO IT

Voluntary Manslaughter

Able to prevent a certainty for murder by establishing that this individual comes inside the extent with the defence of either: Decreased responsibility or Loss of Control Particular: defence only plead on the charge...

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